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© 2009-2019 Dana H. Shultz, Attorney at Law

International Contracts: Choice of Law when the Parties Disagree

Logo for OnStartups.com, where Dana Shultz discussed choice of law for international contracts

This post concerning international contracts is based on an OnStartups.com question (edited here) that I answered a few minutes ago. Q. I am drafting a website-development agreement with a firm in India. I am in Australia. I prefer that the agreement be governed by Australian law, but the developer prefers Indian law. What is normally done in similar circumstances?

A. Several thoughts based on my experience international contracts: (more…)

Which state’s law matters for employment contract questions?

I recently learned that one of my LinkedIn answers in Employment and Labor Law [no longer available at LinkedIn because this feature was discontinued] was selected as the Best Answer. The question and my answer are reproduced below.

Question: Which state law matters for employment contract questions (for the CEO of a firm), the law of the state of incorporation or the law of the state where the headquarters are located? (more…)

Foreign Suppliers Beware: Five Contract “Gotchas” when Adapting Your Agreements

A couple of months ago, I posted International Business and Agreements: Learning about Legal Culture. This is a follow-up that discusses certain common problems when foreign suppliers bring their standard-form agreements to the U.S.

Filling in Gaps

During the past several years, I have helped quite a few foreign technology suppliers adapt their standard-form agreements for use in the U.S. The agreements that they use back home (translated to English, as required) are quaint by U.S. standards. There is a lot of white space, and fonts tend to be large. Furthermore, while the agreements specify business terms in detail, they address many legal provisions in a cursory fashion or not at all. (more…)

Limiting Liability when You are the One Being Paid

Logo for LinkedIn, where Dana Shultz answered a question about limiting liabilityFrom time to time, I answer questions – typically about the law or about startups – on LinkedIn. Recently I answered the following question:

What is the best way [in a contract] to limit liability when you’re the party receiving payment?

I believe the answer will be helpful to any supplier of goods or services, so I am reproducing it here in slightly edited form.

(more…)